Rajasthan High Court - Jodhpur
Sanjeev Kumar vs Rajasthan State Road Transport ... on 12 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:13938-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 413/2025
Sanjeev Kumar S/o Ram Pratap Singh, Aged About 36 Years,
Village Budhana District Jhunjhunu, Rajasthan (Transferred To
Hanumangarh Depot).
----Appellant
Versus
1. Rajasthan State Road Transport Corporation, Through Its
Managing Director, Rsrtc Headquarter, Jaipur, Rajasthan.
2. The Executive Director (Traffic), Rajasthan State Road
Transport Corporation, Headquarter, Parivahan Marg,
Chomu House, Jaipur.
3. The Chief Manager, Rajasthan State Road Transport
Corporation, Khetri Depot District Jhunjhunu.
4. The Chief Manager, Rajasthan State Road Transport
Corporation, Hanumangarh Depot District Hanumangarh.
----Respondents
For Appellant(s) : Mr. Nikhil Dungawat
For Respondent(s) : Dr. Harish Kumar Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
12/03/2025
1. This special appeal (writ) has been preferred claiming the
following reliefs:-
"It is, therefore, most humbly and respectfully prayed that
his appeal may kindly be allowed and order dated
04.02.2025 (uploaded on 04.03.2025) passed by learned
Single Judge in S.B. Civil Writ Petition No.3028/2025 in
the name of Sanjeev Kumar Vs. R.S.R.T.C. & Ors., may
kindly be quashed and set aside and prayers made in the
writ petition filed by the appellant-petitioner inter alia may
kindly be allowed as prayed for."
[2025:RJ-JD:13938-DB] (2 of 4) [SAW-413/2025]
2. Learned counsel for the parties have jointly drawn attention
of this Court towards the order dated 03.03.2025 passed by
learned Single Bench of this Court in Sushila Sankhla Vs.
Rajasthan State Road Transport Corporation & Ors. (S.B.
Civil Writ Petition No.5014/2025), in which similar controversy was
involved. The order reads as follows:-
"1. Petitioner herein is before this Court seeking quashing
of order dated 15.01.2025, vide which, he has been
transferred from Jodhpur Depot to Nagaur Depot, at a
distance of 150 kms, and order dated 16.01.2025, vide
which, he was relieved pursuant to his transfer order.
2. At the outset, my attention has been drawn to a
judgment dated 17.02.2025 rendered by a Coordinate
Bench of this Court at Jaipur, in the case of Suryabhan
Singh Shaktawat Vs. Rajasthan State Road Transport
Corporation : SBCWP No.1329/2025, wherein similar
controversy was involved laying challenge to the mass
transfers orders being carried out by the Rajasthan State
Road Transport Corporation, which was alleged to be an
act of administrative impropriety apart from other
violations. For ready reference, relevant thereof, is being
reproduced hereinbelow:
"27. After considering the submissions made by
the learned counsel for the respective parties, this
Court is of the view that, with regard to the
petitioners who are before this Court, the transfer
orders shall remain in abeyance until their
representations are duly considered by the
respondents. The decision on the representations
is directed to be concluded within a period of
three months from the date of filing of the same.
28. During this period (three months from the
date of passing of this judgment), the respondent-
Corporation/RSRTC is directed to formulate an
appropriate policy, taking into account all relevant
[2025:RJ-JD:13938-DB] (3 of 4) [SAW-413/2025]
factors like socio-economic condition of the
employees, history of posting, period when the
transfer orders can be passed, and the
administrative exigencies. The said transfer policy
should align with those in place in similar
Corporations in other states. Upon formulation of
the said policy, appropriate transfer orders shall
be passed in accordance with the provisions of the
policy. DIRECTIONS :
29. In accumulation to the content of paragraph
number 27 and 28, the following directions shall
be made applicable upon the parties to the instant
batch of petitions:
29.1 That the transfer orders concerning the
petitioners shall remain in abeyance for a period
of three months, from the date of passing of this
judgment.
29.2 That the respondents shall formulate a
comprehensive transfer policy for various cadres,
taking into account the administrative
requirements, the hardships of the employees and
in line with the policies of similar Corporations in
other states.
29.3 Upon formulation of the said transfer policy,
the respondents shall issue fresh transfer orders,
considering the overall position of all employees,
including their erstwhile posting history and other
relevant criteria.
29.4 That notwithstanding the ban imposed by the
State; as per the directions of this Court, the
respondents shall be at liberty to pass transfer
orders considering the administrative exigencies in
order to uphold the interests of justice."
3. Since the petitioner is also before this Court being
aggrieved of his transfer on similar parameters as was the
case of the petitioners in the aforesaid judgment, I see no
reason why the benefit of judgment ibid be also not
accorded to the petitioner.
4. It is accordingly so ordered.
[2025:RJ-JD:13938-DB] (4 of 4) [SAW-413/2025]
5. Till a fresh decision is taken qua the transfer of the
petitioner by the competent authority, his impugned
transfer order shall also remain at abeyance for a period of
3 months from today along with his counter parts /
petitioners in SBCWP No.1329/2025.
6. Disposed of accordingly.
7. Pending application(s), if any, also stand disposed of."
3. Since, the appellant is also before this Court being aggrieved
of his transfer but without making any adjudication on merits in
the Division Bench, the special appeal (writ) is disposed of while
affirming the order dated 04.02.2025 passed by learned Single
Bench of this Court in S.B. Civil Writ petition No.3028/2025. It is
directed that fresh decision be taken qua the transfer of the
appellant by the competent authority. The impugned transfer
order shall remain in abeyance for a period of three months from
today.
4. All pending applications also stand disposed of.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
159-nirmala/-
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